International Journal of Arts and Commerce ISSN 1929-7106 www.ijac.org.uk Bilingual Legislation in Trilingual Macau Special Administrative Region, China Prof. Bruce Kam-kwan KWONG1 Department of Government and Public Administration, The University of Macau, Avenida da Universidade, Taipa, Macau, China Abstract Disregard of the majority of Chinese population, Portuguese has once been the only recognized language of Macau under the Portuguese administrative from mid-17th Century until the retrocession to China in 1999. Albeit the Portuguese administration passed a Decree recognizing the official language status of Chinese together with Portuguese before the handover and making Macau a bilingual state, English seems to be the third or even important language universally applicable in this tiny enclave. Due to the gradual infiltration of the pluralistic culture of Hong Kong, an ex-British colony in the Far East, English has been universally used by local Macau Chinese. Most of the local Chinese who can write and speak English more fluent than that of Portuguese making one queries the official status of English. After the increase of gaming franchise in early 2000’s, the applicability of English has become more explicit over time. It is claimed that Macau is a trilingual state in spite of the non-official status of English. Keywords: bilingual legislation, trilingual, official language, localization 1Corresponding author, e-mail: [email protected]. 36 International Journal of Arts and Commerce Vol. 7 No. 4 May 2018 1. Introduction China is a diversified country consisting of fifty-six races whereas Han race is the dominant majority. Citizens in China can use their own dialect in daily communication while Putonghua is the sole official language. Government officials as well as lay people normally use Putonghua in public and social dialogues especially to those who are visiting other cities inside China where their native dialects are not commonly spoken. Notwithstanding, Hong Kong and Macau are particularly different in this ancient piece of land. Because of the historical background, Macau was under colonial administration since mid-17th Century, and Hong Kong was under colonial rule since mid-19th Century, English and Portuguese were then unavoidably plunged into these two tiny enclaves as the official languages of Hong Kong and Macau respectively. Meanwhile, official language regulations could not replace or rule out the reality of mother tongue used by local Chinese from generation to generation. History reveals that a deep-rooted national culture including language can hardly be substituted simply because of the change of sovereignty, even on the southern part of China where Cantonese is continuing to be the mother language for many centuries upon the shifting of ruling dynasties. What makes it more interesting to observe that Macau, being a former Portuguese enclave in the Far East and would be returned to the People’s Republic of China (PRC) in 1999, has exercised trilingual practice since the 1960’s. Soon after the signing of Sino-Portuguese Joint Declaration in 1987, the transition period started until the handover on December 20, 1999, the process of localization should be completed during this period. In 2002, Macau government decided to open the gaming franchise from 1 to 6, all these 6 licenses were possessed by the American and Hong Kong investors to whom English was the first or second language and that British Common Law legal system was the foundation of their judicial system. All these investors would require to use English and Common Law in their daily practice simply because they were the train-head investors and Portuguese language and legal system were strange to them. This paper tries to analyze the problems of translation of laws which is comprising an important part of localization. 2. The Process of Localization of Chinese as one of the Official Languages Localization is a crucial part of decolonization of a colony from the sovereign state. Despite the decolonization of former Portuguese colonies in African were marked by a hurry retreat (Lo, 2008, Ieong and Ieong 2004), Macau, a historical and last colony of the Portuguese administration in Asia appeared in a reverse way in terms of decolonization. The Sino-Portuguese Joint Declaration (JD) laid down a 13-year long transition period beginning from the signing of the JD until the night if the handover, the Portuguese Macau government possessed the obligation to fulfill this promise. Decolonization is a process in which colonial policy-makers delegate more administrative and 37 International Journal of Arts and Commerce ISSN 1929-7106 www.ijac.org.uk political power to indigenous people. Usually this process is marked by more autonomy for local institutions, such as a legislature, and by recruiting local people into the civil service (Yee and Lo, 1991).The Portuguese administration in Macau should start to implement the process of localization in this enclave. Notwithstanding, the process of localization is far from normal progress. The process of localization includes, in general, the localization of the (1) personnel in the civil service; (2) recognizing of Chinese as part of official language; (3) translation of laws from Portuguese to Chinese; and (4) training of local legal practitioners (Yee and Lo, 1991, pp. 313-317). Because of the trilingual problem, the issue of legal related matter became one of the headache problems among those aspects of localization. 3. Trilingual problem in a Chinese Dominated Society In spite of the reality that Cantonese was the major language of Macau since its occupation in mid-17th century, the Portuguese administration had paid very little effort to localize the speaking of Portuguese in this enclave. Portuguese was alien to the local Chinese for more about four centuries, and that the Portuguese, disregard of their ruling status in Macau, was the minority and Portuguese language was a minority language even though it was important in official communication (Edmonds and Yee, 1999). Ever since Stanley Ho, a gambling tycoon of Macau, won the franchised of gaming operation in 1960’s, the plunters in Hong Kong became the major source of income on the gaming tables (Lo, 2005). Since Hong Kong was a British colony for more than one hundred year before Ho’s succession of the gaming franchise, English was an official language of Hong Kong. What made it so different was that English was quite commonly use in Hong Kong, and many local Chinese could speak English and took English as their second language since the primary education especially for those who wanted to join the civil service, a higher reputation and turnover job in Hong Kong’s colonial era (Lau 1991; Miners 1998). Ho was very successful in operating the gambling industry making it becoming the train-head industry of Macau since the 1970’s, the Portuguese administration in Macau relied on this industry so much and such reliability was even harder until today. Because of such specific economic consideration, Stanley Ho, as well as the Portuguese Macau administration, incorporated so many Hong Kong practice into Macau, including the use of language and legal terms. In fact, Hong Kong was very influential to Macau not only because of economic factor, but also because of geographical issue, pluralistic TV programmes infiltration, Chinese demographic issue and colonial status for centuries. Most of the Macau people took Hong Kong as model to learn. Secondly, Portuguese Macau government had made no intention to promote Portuguese education to local Chinese, and therefore, the only choice of receiving second language education to the local 38 International Journal of Arts and Commerce Vol. 7 No. 4 May 2018 Chinese was English instead of Portuguese.2 Chinese and English then became the major language in Macau’s Chinese society whereas Portuguese, disregard of its governing status, became a minority language basically used within the small-circle Portuguese community (Pina-Cabral, 2002). The cultural influence from Hong Kong pushed Macau into a trilingual society. Whereas Portuguese was the official language used by the Portuguese administration in Macau, majority local Chinese took Chinese as the universal language supported by English as their second language. As the increasing influence of Hong Kong’s culture and economic reality, the use of English became part of important norms to local Macau people’s life. And that arouse a problem of trilingual practice in this tiny enclave. 4. Linguistic Problem and the Translation of Laws in a Trilingual Society Localization of law was part of critical ingredient of decolonization. According to the requirement of localization, all the legislation should be translated to Chinese and such process should be completed before the handover. There was no evidence could be traced of how much and to what extent the effort the Portuguese Macau government paid to finish the localization of law as promise from the JD. Instead, the reality showed that there was a big problem to translation, i.e. the lack of bilingual expert who could be able to translate Portuguese law to Chinese. 4.1 Lack of Bilingual Education A tragic fact revealed that there were only two local Chinese who were fluent in speaking Chinese and Portuguese, making it tremendously difficult to do the translation of law, or even instant interpretation in several official meeting with the China official.3In fact, Macau was very influenced by Hong Kong including the use of wordings. Interviewees explained that Hong Kong was the only source of entertainment the local Macau Chinese received because the Macau TV produced very poor quality programmes and because of the outstanding and pluralistic programmes produced by Hong Kong TV stations, so that many Macau programmes resembled the Hong Kong TVs, including the 2 Full report of language issue in colonial Macau, please watch “Macau: back to the Motherland”, The Pearl Report, Episode 3, TVB HK.